Article 3 - Common Carriers of Property

California Civil Code — §§ 2194-2205

Sections (6)

Unless the consignor accompanies the freight and retains exclusive control thereof, an inland common carrier of property is liable, from the time that he accepts until he relieves himself from liability pursuant to Sections 2118 to 2122, for the loss or injury thereof from any cause whatever, except:

1. An inherent defect, vice, or weakness, or a spontaneous action, of the property itself;

2. The act of a public enemy of the United States, or of this State;

3. The act of the law; or,

4. Any irresistible superhuman cause.

Amended by Stats. 1905, Ch. 455.

A common carrier is liable, even in the cases excepted by the last section, if his want of ordinary care exposes the property to the cause of the loss.

Added by Stats. 1988, Ch. 937, Sec. 1.

(a)Liability for storage or equipment rental charges assessed against a motor carrier by a railroad or steamship company shall be as follows if the charges arise out of a delay caused by the consignor or consignee of the freight:
(1)The consignor is liable to the motor carrier for the charges if the consignor caused the delay.
(2)The consignee is liable to the motor carrier for the charges if the consignee caused the delay.
(b)Nothing

in this section shall affect the rights, duties, and obligations between a railroad or steamship company and a motor carrier.

Amended by Stats. 1992, Ch. 466, Sec. 1. Effective January 1, 1993.

(a)In addition to the liability established by Section 2197, the consignee is liable to the motor carrier for the charges if the freight is shipped prepaid and the delay was caused by either the consignor or the consignee.
(b)Nothing in this section shall affect the rights, duties, and obligations between a railroad or steamship company and a motor carrier.

In respect to any service rendered by a common carrier about freight, other than its carriage and delivery, his rights and obligations are defined by the Titles on Deposit and Service.

Amended by Stats. 1971, Ch. 1653.

The liability of any stageline, transfer company, or other common carriers operating over the public highways for the loss of or for damage to any baggage shall not exceed the sum of five hundred dollars ($500) for each trunk and its contents; two hundred fifty dollars ($250) for each valise, suitcase or traveling bag and its contents; or two hundred fifty dollars ($250) for each box, bundle, or package and its contents, unless a higher valuation is declared at the time of delivery of such baggage to the carrier and assented thereto in writing by such carrier.

All baggage presented to the carrier for checking shall be

appropriately tagged by the owner with his name and address.